The Gallatin County Commission voted 2-1 Tuesday to settle a lawsuit stemming from a 2009 decision to abandon portions of three county roads that residents use to access Forest Service land.

Last October, the commission decided to abandon about 1,000 feet of Mule Deer, Black Moose and Bull Elk roads in the Lazy Acres subdivision, located seven miles west of West Yellowstone off of U.S. Highway 20. On Oct. 23, 18 Lazy Acres residents sued the county for a reversal of the abandonment and attorney fees.

The commission acted on a request by residents Greg and Melissa Hitzler, who said in a public hearing that motorized users -- including drivers of snowmobiles, ATVs and motorcycles -- were trespassing across their property, adjacent to Mule Deer Road, to access the Gallatin Forest.

The Hitzlers spearheaded a petition signed by 10 other homeowners in the area to ask the commission to abandon the roads, which the clerk and recorder deemed valid at the time.

But other residents disagreed, alleging that the county did not properly notice the public hearing and did not seek the consent of all landowners affected by the decision, rendering the petition invalid. Many of the homeowners rent their property to vacationers and said that the roads provide essential Forest Service access for snowmobilers.

At the initial public hearing, the Forest Service said that the roads ended in cul-de-sacs and did not provide legal access to the forest.

In April, Deputy County Attorney Chris Gray recommended that the county rescind its October decision to abandon the roads, based on the discovery that the Forest Service's claim was incorrect. The abandonment proceedings were reversed with a 3-0 vote.

Neither the county nor the plaintiffs will pay any damages, according to Tuesday's settlement. The county will continue to own and maintain portions of the three roads.

"The agreement is that everyone will dismiss everything against everyone," Gray said.

"I think the neighborhood down there decided that they were ready to return back to the status quo before the abandonment petition was filed, and hopefully as a neighborhood they can work it out amongst themselves and the Forest Service," said Brian Gallik, a Bozeman attorney who represented the plaintiffs.

Commissioner Bill Murdock cast the lone vote against the settlement Tuesday, saying that it didn't solve the initial problem between the Hitzlers and motorized users.

"We're right back to square one, with snow machines going across the Hitzlers' property, going out of the easement and abusing their access to the forest," he said. "Politically, we didn't solve a thing."

Lauren Russell can be reached at lrussell@dailychronicle.com or 582-2635.

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